A DUI conviction can follow you for life, affecting employment, housing, insurance, and more. Expungement offers the possibility of clearing your record—sealing or destroying conviction records so they don't appear in most background checks. Understanding expungement eligibility and procedures helps those seeking a fresh start after DUI.
What Is DUI Expungement?
Expungement (also called expunction or record sealing) is a legal process that treats a conviction as if it never occurred for most purposes. After expungement, you can legally answer "no" when asked about criminal convictions on most job applications.
Expungement doesn't completely erase convictions—law enforcement and courts can still access sealed records, and some professional licensing boards may see them. But for general background checks, expunged convictions typically don't appear.
Eligibility Requirements
Expungement eligibility varies significantly by state. Common requirements include:
Waiting periods: Most states require time to pass after completing your sentence—typically 1-5 years for misdemeanors, longer for felonies. Some states have no waiting period after probation completion.
Completed sentence: You must have finished all requirements including jail/prison time, probation, fines, community service, and alcohol education programs.
No subsequent offenses: Additional arrests or convictions during the waiting period typically disqualify you from expungement.
Offense type: Some states don't allow expungement of certain DUI offenses, particularly felony DUI, DUI causing injury or death, or repeat offenses.
States That Allow DUI Expungement
Not all states permit DUI expungement. Some states (like California before recent changes) allow withdrawal of plea and dismissal rather than true expungement. Others prohibit any form of DUI record clearing.
States with relatively accessible DUI expungement include Arizona, Colorado, Indiana, Kentucky, Minnesota, Ohio, and Texas, among others. Each has specific eligibility requirements and procedures.
The Expungement Process
Obtaining expungement typically involves verifying eligibility under state law, gathering required documentation (case records, proof of sentence completion), filing a petition with the court that handled your case, paying filing fees, and attending a hearing if required.
Some jurisdictions require notifying prosecutors and victims, who may object to expungement. Courts consider these objections in deciding whether to grant the petition.
What Expungement Does and Doesn't Do
Expungement provides the ability to truthfully deny the conviction on most applications, removal from public background check databases, potential for better employment and housing opportunities, and peace of mind from a cleaner record.
Expungement doesn't restore driving privileges (you need separate reinstatement), affect insurance company records or surcharges, hide convictions from law enforcement or courts, apply to federal databases or immigration records, or count as a first offense if you get another DUI.
DUI and Professional Licenses
Professional licensing boards (nursing, law, medicine, teaching) often can access expunged records. Expungement may not prevent DUI from affecting professional licensure. Check your specific profession's requirements before assuming expungement solves licensing concerns.
Alternatives to Expungement
If expungement isn't available, alternatives may include pardons (gubernatorial forgiveness, difficult to obtain), certificates of rehabilitation (formal recognition of rehabilitation), and record sealing (less complete than expungement but still helpful).
Some states have limited access laws preventing most employers from considering certain old convictions without full expungement.
Getting Legal Help
Expungement procedures are technical and vary significantly by jurisdiction. An attorney familiar with your state's expungement laws can evaluate eligibility, prepare proper petitions, and represent you at any required hearings.
Many people who qualify for expungement never pursue it, either not knowing it's available or assuming the process is too complicated. If you have an old DUI conviction affecting your life, consulting an attorney about expungement options is worth the investment.